COMPLAINT
OF FRAUD, CONSPIRACY AND
MALFEASANCE
AGAINST JUDGES
JAMES
ROEDER
AND LARRY GADDIS

Recused
for cause, Placer County Superior Court Judge James L. Roeder and
Presiding Judge Larry D. Gaddis secretly and illegally
assisted county prosecutors to fraudulently obtain an appellate court
ruling that would have sent me to prison and a certain death.

On May 25, 2001,
Placer County Judge James L. Roeder secretly and fraudulently ordered
and/or directed the Clerk of the Superior Court Appellate Division,
Placer County to process my misdemeanor appeal as a felony appeal,
causing me to be wrongfully arrested, deprived of my medicine and
subsequently labeled a 'felony fugitive.' It was James
Roeder who increased, by direct appeal, my misdemeanor peyote button
conviction and probation to a felony appeal, even though such an action
is specifically excluded by statute.

An Extension
Order sought by Diane Carroll, under declaration of
perjury, was signed by Placer Superior Court Presiding Judge Larry D.
Gaddis, confirming that Judge Roeder had ordered the appeal to be
processed as a felony appeal notwithstanding that by law no such direct
appeal of probation could be taken.

Even worse, the
appeal was signed and approved by both judges, well
beyond the 60 day limit allowed for any appeal, since I was sentenced
on March 2, 2001 and they did not approve the prosecutor's appeal until
May 25, 2001. All subsequent extensions of the appeal were based
upon an appeal that was neither lawful nor timely.

Such actions are
clearly and strictly forbidden by California law, but
Roeder and Gaddis engaged in these quasi- criminal acts, as documented
by a sworn statement, dated June 15, 2001 and signed by Placer County
Superior Appeals Court Clerk Diane Carroll and on June 18th 2001 by
Larry D. Gaddis, Judge.

Furthermore, if
you examine this document you will see that Judge Gaddis unlawfully
authorized and ordered an extension, and then blacked out his name.
Once Gaddis blacked out his signature, no other judge ever signed to
grant the Extension Order, proving that Gaddis deliberately granted,
then attempted to hide his role in the unlawful conversion of the
peoples unlawful and untimely review of probation into a felony appeal.

It is understandable that
Gaddis would try to hide his involvement because both he and Judge
Roeder had previously been removed from the case, for bias and
prejudice, and were officially recused. Clearly they were aware,
as judges, that having been recused from a case they were disqualified
from any and all participation in respect of my case.
Unfortunately that didn't stop
Roeder and Gaddis and it was their signatures that made me a 'felony
fugitive' and resulted in me being jailed and deprived of my medical
cannabis, something doctors on both sides of the border have said,
under oath, could kill me.Another sworn
statement by a court reporter named Judy Boucree, filed
less than a month earlier on May 21, 2001, further incriminates both
judges. In that document, Ms. Boucree
reminds the judges and her immediate superior Executive Officer and
Clerk, A. Young, "This appeal was originally going to Superior Court as
it IS a MISDEMEANOR APPEAL." (Emphasis added)

In an August 26,
2005
letter to the Honourable Joe Volpe, Canadian
Immigration Minister, by my wife, Michele Kubby, explained how the
actions of Roeder and Gaddis resulted in Canadian authorities being
duped into believing I was a felony fugitive and ordering me arrested.

"The consequences
for my husband from this one fraudulent act, were
devastating. As you can see from the next piece of evidence,
(Exhibit L), the State of California, Court of Appeal Third Appellate
District, proceeded with Steve’s appeal as though it were a
felony. When an appeal proceeds as a felony appeal, the defendant
must be present. Since Steve had left for Canada, with the
permission of the court, to pursue our video production business in
Canada, he was not present and therefore was labeled a felony fugitive
by the Appeal Court. This, of course, is the information
authorities in California gave to Immigration in 2002, which caused
them to arrest my husband, deprive him of the medicine he uses with the
blessings of the MMAR program through Health Canada, and throw him in
jail for four days. This caused long term damage that we are
still attempting to heal today."

My wife also
explained to the Immigration Minister that Dr. Joseph M.
Connors, Chair, Lymphoma Tumor Group and Chair, Research Ethics Board
at the BC Cancer Agency, Vancouver, testified under oath that because
of the explosive and unpredictable nature of my adrenal cancer, I am at
high risk of suffering a heart attack, stroke or seizure if deprived of
medical marijuana for more than 24 hours.

In a brief
presented before Judge Cosgrove on August 22, 2005, my attorney,
Bill McPike, explained to the court that the felony appeal was illegal
and filed late. Mr. McPike even charged that Placer County
District Attorney Brad
Fenocchio was fully aware that his office followed the wrong appellate
procedure in 2001.

“(I)t must be
presumed that the People were fully cognizant of their
position, rights and obligations both in respect to the Criminal Law
and the Rules of Professional Responsibility as those rules relate to
prosecutors in governmental service,” McPike asserts. “The factual
situation is that the Court of Appeal would not have rendered any
judgment had it not been imposed upon to act contrary to statute.”

At that hearing,
Mr. McPike called the prosecutor's appeal “a
collateral attack on probation." California law precludes such an
appeal process and requires prosecutors to file a writ in order to
review a probation order whether or not a custodial sentence has been
imposed. Mr. McPike has
also filed a writ of error coram nobis that charges that in its 1999
Statement of
Probable Cause, Placer County authorities used a purported DEA report
identifying journalist Pete Brady as a Jamaican drug smuggler. Brady,
who was observed visiting our home during a six-month investigation,
later attempted to obtain a copy of the N.A.D.I.S. report, but was
informed that no such report existed. Placer County authorities have
never furnished a copy of the alleged report, nor have they ever denied
the allegations of fraud.

To our dismay, Judge John L.
Cosgrove refused to grant
our motion, insisting that I was a felony fugitive, that I had to be in
custody in order to
have my complaint heard, and that jurisdiction to entertain the writ
was
vested in the Third Appellate Division. I must add that
even the misdemeanor convictions for mescaline and
psylocin are fraudulent, since both of these controlled substances were
never possessed by me, but were extracted by a police chemist from some
tiny peyote cactus buttons left by a guest and a mushroom stem used as
an exhibit in a published book that was written by me.

Only because of
the diligent work of our investigators, were we finally
able to uncover how the arresting officer and prosecutor concocted
evidence to get their search warrant. Next we find out that their
bogus appeal, that
they said made me an alleged 'felony fugitive,' was a fraud.
Now
we learn that two disqualified judges snuck back into this case in
order to illegally and willfully harm me and the medical marijuana
movement.

How can
anyone
possibly have any confidence in the Placer County
sheriff, district attorney or judges after such fraudulent and criminal
actions have been uncovered at every level of the Placer County
criminal justice system?

Despite this compelling evidence of judicial fraud, conspiracy
and malfeasance, and despite my best efforts to inform the Court
of this evidence, Judge Cosgrove insists
that I remain a felony
fugitive, with a bailless warrant that he issued, still out for me in
California.

In view of what was done to me by these judges and considering the
futile battle I have faced to clear my good name, I would
like to ask this Commission if the Law is now subordinate to the
whims, fancies, bias, and prejudice of judges who violate their
oath to
uphold the Constitution of the State of California?